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Table of Contents for MSHA Training
- Introduction
- Who has to train on what?
- Training plans
- Instructor requirements
- Cooperative training program
- Records of training
- Compensation for training
- Appeals procedures
- Independent contractor training
- Miners exempt from new task training
- Required contents of your "new task" training program
- Other requirements
Training introduction
Training plays a fundamental role in the Mine Safety and Health Administration's (MSHA) effort to help protect the American miner from illness and injury on the job. Inspections alone cannot keep the mines accident-free. Miners and their supervisors need knowledge and motivation in order to stay safe and healthy. They must be aware of how to perform their jobs properly, and they must learn to recognize and control the hazards in their work places.
Editor's Note: When the terms you or your are used in this section they are referring to the mine operator.
The 1977 Act and mandatory training
Section 115 of the Federal Mine Safety and Health Act of 1977 (Mine Act) and 30 CFR Part 48 (Training and retraining of miners) require operators to:
- Have a health and safety training program that is approved by MSHA
- Submit and obtain approval of training plans under which miners are provided training. The training required by these plans must be provided to miners before they begin work at a mine, or before they receive new work tasks or assignments. Accordingly, when a miner is hired, transferred to a new work location, or is recalled, the miner must be given the minimum training specified by Part 48.
An approved plan must include:
- Twenty-four hours of basic safety and health training for new miners who have no surface mining experience. The training must include: (1) instruction in the statutory rights of miners and their representatives under the Mine Act, (2) use of self-rescue device where appropriate, (3) use of respiratory devices where appropriate, (4) hazard recognition, (5) emergency procedures, (6) electrical hazards, (7) first aid, (8) walk around training, and (8) the health and safety aspects of the task to which the miner will be assigned.
- Eight hours of annual refresher safety and health training for all miners.
- Safety-related task training for miners assigned to new jobs in which they have had no previous work experience.
Other training provisions of the Mine Act
Health and safety training must be provided during normal working hours.
Miners must be paid at their normal rate of pay while taking training.
New miners must be paid at their starting wage rate when they take the new miner training.
If training is given at a location other than the normal place of work, miners must also be compensated for the additional costs they may incur in attending training sessions.
When each training program is completed, operators must certify, on a form approved by MSHA, that the miner has received the specified training in each subject area of the approved health and safety training plan. A certificate for each miner must be:
- Maintained by the operator and made available for inspection at the mine site.
- A copy of the certificate must be given to each miner at the completion of the training.
When miners leave a company, they are entitled to a copy of their health and safety training certificates.
Note: False certification by an operator that training was given is punishable under section 110(a) and (f) of the Mine Act. Each health and safety training certificate shall indicate on its face, in bold letters, printed in a conspicuous manner, that such false certification is so punishable.
The regulations at 30 CFR, Part 48, Subpart B
Part 48 contains two subparts, Subpart A—Training and retraining of underground miners, and Subpart B—Training and retraining of miners working at surface mines and surface areas of underground mines. This section will concentrate on the Subpart B training requirements. Subpart B training requirements are found in 30 CFR §48.21-§48.32.
Training and hiring/recall decisions
When making hiring and recall decisions, you may consider the training a prospective employee will need before they begin work. You are permitted to require that applicants for employment and laid-off miners obtain training initially on their own time and at their own expense.
Preemployment training is available from cooperative sources. However, if cooperative sources are used, required portions of miner training still must be mine-specific. Training requirements for new surface miners, newly employed experienced miners, and annual refresher training all require mine-specific training.
Note: §48.24 explains what cooperative sources are. Mine operators may conduct their own training, or participate in programs conducted by MSHA, or MSHA approved programs by State or other Federal agencies, or associations of mine operators, miners' representatives, other mine operators, private associations, or educational institutions.
Enforcement of training requirements at certain mines
A continuing resolution of the United States Congress currently prohibits MSHA from expending funds to administer or enforce Part 48 training for the following industries: surface stone, surface clay, sand and gravel, surface limestone, colloidal phosphate, and shell dredging. Each of these industries, however, continues to be responsible for compliance with Part 48. The continuing resolution does not affect training required by other applicable standards or regulations.
Note: If you read the statement above carefully, it says that although OSHA can't enforce the Part 48 training regulations at certain mines, you are still responsible for compliance with Part 48. MSHA is currently working on Part 46, which will be specific training requirements for the above mentioned mines. The Congressional stay will then be lifted. See the "Training Regulations" section for the proposed Part 46 training rules.
Who has to train on what?
Before proceeding into the "meat" of the training requirements it is important to get the key definitions down, i.e., who is a miner subject to comprehensive training, who is a miner subject to hazard training, and where do supervisors fit in?
Who is a miner?
Miners fall into two categories, ones that need comprehensive training, and those that need hazard training. It usually takes an "individual basis" analysis of a worker's job hazard exposure to determine if they are a §48.22(a)(1)miner (comprehensive training), or a §48.22(a)(2)miner (hazard training). The determining factor is the extent of the miner's mining hazard exposure. It is not: (1) a specific job title, or (2) that the miner is specifically on mine property.
Miner requiring comprehensive training
Individuals engaged in the extraction or production process, or who are regularly exposed to mine hazards, or who are maintenance or service workers employed by a contractor or contracted by the operator to work at the mine for frequent or extended periods and regularly exposed to mine hazards, must receive comprehensive training.
Regularly exposed means frequent exposure. That is, exposure to hazards at the mine on a frequent rather than consecutive day basis (a pattern of recurring exposure), or extended exposure of five consecutive workdays, or both.
Miners requiring hazard training
Individuals not engaged in the extraction and production process, not regularly exposed to mine hazards, or inconsequentially exposed to mine hazards must receive appropriate §48.31 hazard training.
Miners requiring hazard training includes any person working at a surface mine including any delivery, office, or scientific worker or occasional, short-term maintenance or service worker contracted by the operator, and any students engaged in academic projects involving their extended presence at the mine.
Supervisors
Supervisors who are certified in accordance with MSHA-approved state certification are exempt from Part 48 as long as they perform supervisory work. However, if non-supervisor work is done, (operating mining equipment, performing extraction, production, and/or maintenance work) the appropriate training must have been completed.
Other miners?
Miner also includes operators if the operator works at the mine on a continuing, even if irregular, basis.
Short-term, specialized contract workers, such as drillers and blasters, who are engaged in the extraction and production process, and who have received training under §48.26 (experienced miner training) may, instead of subsequent training under that section for each new employment, receive hazard training.
Who is an experienced miner?
An experienced miner is a surface miner who:
Has completed MSHA-approved new miner training for surface miners or training acceptable to MSHA from a State agency and who has had at least 12 months of surface mining experience; or
A supervisor who is certified under an MSHA-approved State certification program and who is employed as a surface supervisor on October 6, 1998; or an experienced surface miner on February 3, 1999.
New miner?
A new miner means a miner who is not an experienced miner. A new miner has not met all of the qualification under "Who is an experienced miner" on the previous page.
An experienced underground miner who begins work in a surface mine or surface area of an underground mine if for training purposes a new miner, and must be provided new miner training. Credit is allowed for applicable underground training.
When can miners attend training?
Training may only be conducted during normal working hours. Normal working hours are determined case-by-case. Factors such as past practices and patterns of scheduling work should be considered.
Miners attending Part 48 required training during normal working hours must be paid at the rate they would receive if they were working at the time. A reasonable rest period between training sessions and working shifts should be provided.
Training plans
Mine operators must have a MSHA approved plan containing programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners.
Note: See the individual sections for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training for miners, for the required specifics for each group of trainees.
Note: Do you reopen or reactivate mines periodically? If so, you must follow the requirements of §48.23(a)(3).
Training plan content
Your training plan must be filed with the District Manager of the area in which your mine is located. When submitting your training plan, or when reviewing your current plan, remember that it must contain the following information:
- Your company name, mine name, and MSHA identification number.
- The name and position of the person responsible for your health and safety training.
- Your list of MSHA approved instructors you intend to use to teach your courses, and the courses each instructor is qualified to teach.
- The location where each course will be taught.
- A description of the teaching methods and course materials to be used.
- The number of miners employed at your mine and the maximum number of miners you will have at each training session.
- For refresher training, a schedule that lists: (1) the predicted time or periods of time when the training will be given, (2) the titles of the courses to be taught, (3) the total number of instruction hours for each course, and (4) the predicted time and length of each session of training.
Your information may be in a format of your choosing but it must be logical and reasonable. You must indicate a predicted time that your training will occur, such as the first week of each quarter.
If a change in mine ownership results in changes in procedures or conditions at the mine, a new training plan must be submitted to MSHA for approval. If conditions and procedures do not change, the new operator may continue to use the current plan with appropriate administrative changes, pending a review by the District Manager.
Miner input
You must furnish a copy of your training plan to your miners' representative two weeks prior to its submission to the District Manager.
When your miners are not represented, you must post a copy of your training program on the mine bulletin board two weeks prior to submission.
Written comments received from miners or their representatives must be submitted along with your plan. Your miners, or their representative, can submit written comments directly to the District Manager.
District evaluation
Your District Manager can evaluate your training program to determine its effectiveness. The District Manager can require changes in, or additions to the program.
Upon request, you must make available for evaluation your instructional materials, handouts, visual aids, and other instructional accessories to be used in your training.
You must also provide, when asked, schedules of your upcoming training.
You must make a copy of your MSHA approved training plan available at your mine site for: (1) MSHA inspections, and (2) examination by your miners and, if applicable, their representatives.
Training plan approval
Your District Manager will notify you and the miners' representative, in writing, within 60 days from the date your training plan was filed, of the approval or status of the approval of the program.
If revisions are required for approval, or to retain approval, your District Manager will specify the required revisions. You and the miner's representative will be given the opportunity to discuss revisions with the District Manager, or propose alternate revisions or changes.
The time line that discussions will be held, or alternate revisions or changes submitted, will be set between the District Manager, operator, and miner representative before final approval is given.
Some programs of the training plan can be approved while others are pending.
Plan modifications
You must notify your District Manager and your miners' representative of any changes or modifications you propose to make in your approved training plan. You must obtain the approval of the District Manager for any changes or modifications.
Plan disapproval
If the District Manager disapproves a training plan, or a proposed modification to a training plan, or requires changes or modification of a training plan, he/she must notify you and your miners' representative in writing of the:
- Specific changes or items of deficiency.
- Action necessary to effect the changes or bring the disapproved training plan or modification into compliance.
- Deadline for completion of remedial action to effect compliance. The establishment of a deadline will serve to suspend punitive action under the provisions of sections 104 and 110 of the Mine Act and other related regulations until that established deadline date. No such suspension shall take place in imminent danger situations.
Posting of your plan
You must post on your mine bulletin board, and provide to the miners' representative, a copy of all MSHA revisions and decisions which concern the training plan at the mine and which are issued by the District Manager.
Instructor requirements
With certain exceptions under "new task training of miners" and "hazard training", all courses must be conducted by MSHA approved instructors.
Instructors will be approved by the District Manager in one of the following ways:
Instructors must: (1) take an instructor's training course conducted by the District Manager or persons designated by the District Manager to teach the course, and (2) have satisfactorily completed a program of instruction-approved by MSHA's Office of Educational Policy and Development-in the subject matter to be taught.
An alternate method: MSHA Monitors your prospective instructor
At the discretion of the District Manager, instructors can be designated as approved instructors in specific courses based on MSHA monitoring a class your prospective instructor is teaching.
In order to exercise this option, you must indicate in your training plans submitted for approval whether you want instructors approved based on monitored performance.
MSHA will consider the following factors when determining whether instructor approval based on monitored performance is appropriate:
- The size of the mine.
- The number of employees.
- Your mine safety record.
- The remoteness from a training facility.
Note: Limited Instructor's Cards-Instructors designated by MSHA as approved instructors for surface operations (IS) or underground operations (IU) may be approved to teach all courses under the appropriate subpart 30 CFR Part 48 or may be limited to teach only specific courses.Those instructors who are approved to teach only specific courses under Part 48 shall have the word "LIMITED" printed in the lower left corner of their MSHA instructor card..
Revoking an instructor's approval
MSHA can revoke an instructors approval to teach for good cause including not teaching a course at least once every 24 months. Before a revocation is effective, the District Manager must:
- Send written reasons for revocation to the instructor.
- Give the instructor opportunity to demonstrate or achieve (before the District Manager) compliance on the matter.
Upon revocation of an instructors approval, the District Manager will immediately notify operators who use the instructor for training.
Instructor's right of appeal
For instructions on appealing a District Manager's decision to revoke an instructor's approval to teach see §48.23(i).
Cooperative training program
You may conduct your own training programs, or you can participate in:
- Training programs conducted by MSHA.
- MSHA approved training programs conducted by State or other Federal agencies.
- MSHA approved training programs conducted by associations of mine operators, miners' representatives, other mine operators, private associations, or educational institutions.
Each program and course of instruction must be:
- Given by instructors who have been approved by MSHA to instruct the courses.
- Adapted to the mining operations and practices existing at the mine.
- Approved by the District Manager for the area in which the mine is located.
Note: Training requirements for new and experienced miners provide for mine specific training. The mine-specific aspects may be addressed by cooperative trainers or the mine operator.Annual refresher training is required to cover such mine specific matters as the use of self-rescuers, the review of roof or ground control plans and health control plans. If the cooperative is to teach the annual refresher, the mine-specific aspects must be addressed.
Records of training
When a miner completes an MSHA approved training program, you must record and certify that the miner has received the specified training.
A copy of the training certificate must be given to the miner at the completion of your training, and the original must be available at the mine site for MSHA inspection, and for examination by the miner, the miner's representative, and State inspection agencies.
When a miner leaves your employ, the miner is entitled to a copy of his/her training certificates.
Note: False certification that training was given shall be punishable under Section 110(a) and (f) of the Mine Act.
Copies of training certificates for currently employed miners must be kept at the mine site for two years, or for 60 days after termination of employment.
Approved forms
You must properly record all Part 48 training on an MSHA Form 5000-23 (training certificate), or on an MSHA approved alternate form.
Alternate forms must include at least as much information as a Form 5000-23, and should be labeled MSHA Approved Alternate Form 5000-23 (current month and year).
Any form you propose to use must be sent for approval to the Director of Educational Policy and Development, MSHA, 4015 Wilson Boulevard, Arlington, Virginia 22203.
Recordkeeping requirements
You are required under §48.29 to give a copy of the training certificate, MSHA Form 5000-23, or an approved alternate, to the miner upon completion of each MSHA approved training program. A "training program" is any miner training (i.e., new miner, experienced miner, task, annual refresher training, or hazard training) completed during a 12-month training cycle.
In order to simplify recordkeeping, all MSHA approved training programs completed within a miner's 12-month training cycle, may be recorded on one Form 5000-23, provided the following procedures are used:
- Each time a miner completes an MSHA approved training program, you must initial and date the form to certify that the miner has received the specified training. Initialing and dating can be done in the space on the form adjacent to the type of training. Also, the miner should be given an opportunity to sign or initial the form.
- When you complete and record a MSHA approved program, a copy of the certificate must be given to the miner upon request.
- At the end of the 12-month training cycle, or when the miner signs item 8 of the form, a copy of the completed form listing all completed training programs and signed by you (the operator) or your representative, must be given to the miner.
All training completed by a miner during a 12-month cycle may be recorded on one Form 5000-23.
Cooperative training program
Under §48.24, Cooperative Training Program, a cooperative trainer may sign the training certificate upon partial completion of cooperative training. Final signature upon completion of the program must be by you (the operator) or your representative.
For surface mines and surface areas of underground mines
Under §48.31 Hazard Training, you may use a Form 5000-23 for hazard training. The Form 5000-23 need not be used, however, if the following situations satisfy hazard training requirements:
Verbal instructions of mine hazard avoidance procedures are given by mine personnel, and the person receiving the instructions signs a log sheet indicating receipt of the instructions.
Written instructions of mine hazard avoidance procedures are supplied. The written instructions, signed by the person receiving them, or a log sheet signed by the recipient must be maintained as a record.
Compensation for training
Section 48.30 of the MSHA regulations implements Section 115(b) of the Mine Act ("miners shall be paid at their normal rate of compensation while taking such training"). Section 48.22(d), which defines "normal working hours," state in part that: "miners shall be paid at a rate of pay which shall correspond to the rate of pay they would have received had they been performing their normal work tasks."
The purpose of both the statute and the regulations is to assure that miners are not financially penalized when they receive training during work hours. For example, if a miner is "cross shifted," and the "cross shift" is considered normal working hours, the rate of pay the miner would receive if working is the rate the miner must receive while in training.
If training is to be given at a place other than the normal place of work, the miner must be compensated for the additional costs, such as mileage, meals, and lodging, they may incur in attending the training sessions.
Appeals procedures
The mine operator, miner, and miners' representative has the right of appeal from a decision of the District Manager.
In the event you (the operator), one of your miners, or a miners' representative decides to appeal a decision by the District Manager, such an appeal must be submitted, in writing, to the Administrator for Coal Mine Safety and Health or Administrator for Metal and Non-metal Safety and Health, as appropriate, MSHA, 4015 Wilson Boulevard, Arlington, Va. 22203, within 30 days of notification of the District Manager's decision.
The Administrator may require additional information from the party involved and the District Manager, if the Administrator determines such information is necessary.
The Administrator must render a decision on the appeal within 30 days after receipt of the appeal.
Independent contractor training
Coverage and training requirements
Independent contractors working at your mine are miners for Part 48 training purposes, except as explained in this section.
This MSHA policy statement does not affect an operator's responsibility to ensure that all miners are appropriately trained. Part 48 requires training prior to working in or on mine property. This includes your responsibility to conduct mine-specific training.
This policy does not cover independent contractors who are shaft and slope workers, surface construction workers, or workers involved in underground mine construction work that causes the mine to cease operation. All other independent contractors must receive the appropriate Part 48 training.
Section 48.22(a)(1) defines miners including independent contractors who are to receive comprehensive training. Section 48.22(a)(2) define miners including independent contractors who are to receive hazard training.
Independent contractor training
The appropriate training will be either the comprehensive training (new miner training, experienced miner training, task training, and annual refresher training) or hazard training.
Comprehensive training
Independent contractors must receive comprehensive training if they perform extraction and production work or are regularly exposed to mine hazards.
Determination of appropriate comprehensive training
Whether an independent contractor should receive the new miner training (§48.25) or experienced miner training (§48.26) depends on whether the miner is an "experienced miner" under §48.22(b).
Extraction and production independent contractors
No work time minimum is associated with this provision. Independent contractors who perform extraction and production work must receive the appropriate comprehensive training. "Extraction and production" refers to the process of mining and removal of coal or ore from a mine. This process includes both the mechanical and chemical separating of coal from the surrounding rock and metal or valuable minerals from ore and concentrate; removal and milling of conglomerates or rocks by crushing, screening, or sizing; and haulage associated with these processes.
Short-term independent contractors who perform extraction and production work and have received experienced miner training may, instead of receiving experienced miner training for each subsequent mine, receive hazard training (see §48.22(a)(1)).
The experienced miner training those contractors receive initially may be largely generic. The training must be of sufficient duration and content to cover the principles of mine safety and health, as well as the types of hazards they will meet at the mines. Thorough hazard training satisfies the mine-specific training through the program approved as part of the approved training plan.
Independent contractors, including maintenance or service workers who are regularly exposed to mine hazards
Independent contractors regularly exposed to mine hazards, or who are maintenance or service workers contracted by the operator to work at the mine for frequent or extended periods, must receive comprehensive training. Regularly exposed means either frequent exposure, that is exposure to hazards at the mine on a frequent rather than consecutive day basis (a pattern of recurring exposure) or extended exposure of 5 consecutive workdays, or both.
Selection of training programs
Independent contractors may submit their own training plans and conduct their own MSHA-approved training program, use an MSHA-approved cooperative program, or use the MSHA-approved training program for the mine.
Hazard training
Independent Contractors Subject to Part 48 and not covered in in the previous paragraph (Comprehensive training) must complete hazard training (§48.31). Independent contractors not previously described who are exposed to mine hazards are to receive hazard training.
Independent contractor exposure to hazards varies from situation to situation. Hazard training must be tailored to fit the training needs of the particular contractor. The training these contractors receive must be of sufficient content and duration to thoroughly cover the mine-specific conditions, procedures, and safety devices. Training must include hazards incident to the performance of all job assignments by the contractor at the mine.
Persons performing construction work
Construction work includes the building or demolition of any facility, the building of a major addition to an existing facility, and the assembling of a major piece of new equipment, such as installing a new crusher or the assembling of a major piece of equipment such as a dragline.
If workers are performing construction work as described in the previous paragraph-no training is required.
If workers are performing shaft and slope construction work-no Part 48 training is required.
Persons performing maintenance or repair work
Maintenance or repair work includes the upkeep or alteration of equipment or facilities. Replacement of a conveyor belt would be considered maintenance or repair.
A person performing maintenance or repair work, whether or not the mine is operational, must receive the appropriate comprehensive or hazard training. The type of training depends upon whether there is a "regular" exposure (by pattern or extended period) to mine hazards.
Persons performing work at more than one mine
If a miner is based at one mine or at a central shop and periodically works at other mines owned by the operator, the miner must receive comprehensive training, supplemented by additional hazard training, as under §48.31, at each of the other mines.
Underground and surface miner-crediting
A miner who works in both an underground mine and a surface mine or surface area of an underground mine must have received comprehensive underground and surface training under Subparts A and B. Credit should be allowed for applicable training taken under one Subpart to meet requirements of the other Subpart.
New Miners
Required training for new miners
Your new miners must get no less than 24 hours of training as prescribed in the MSHA regulations at §48.25. Except for certain exceptions described in this tab, new miners must receive this training before they are assigned to work duties.
Preassignment training
Your District Manager may ok your new miners receiving a portion of the required training after they start work, provided that they have received at least 8 hours of safety training.
The following courses must be included in the 8 hours of training:
- Introduction to the work environment.
- Hazard recognition
- Health and safety aspects of the tasks to which the new miners will be assigned.
You must use some [testing] method for determining the successful completion of your new miner 8 hour pre-assignment training before assigning them to work duties. See the section "Training evaluation methods" for further instructions.
Following the completion of this preassignment training, your new miners must then receive the remainder of the required 24 hours of training, or up to 16 hours, within 60 days.
Note: Miners who have not received the full 24 hours of new miner training shall be required to work under the close supervision of an experienced miner.
If you want to train your new miners this way, you must indicate this in your training plans submitted for approval. You must indicate that you want to train new miners after assignment to duties and for how many hours.
District Managers will consider such factors as your mine safety record, rate of employee turnover, and mine size, in determining whether new miners may be given just the 8 hours of training before going to work.
Note: An experienced underground miner who begins work in a surface mine is, for training purposes, a new miner and must receive new miner training. The MSHA District Manager may credit applicable underground training toward the surface training.
Training program
Your new miner training program for new miners must include the following courses:
- Instruction in the statutory rights of miners and their representatives under the Mine Act; authority and responsibility of supervisors.
- Self-rescue and respiratory devices.
- Transportation controls and communication systems.
- Introduction to the work environment.
- Escape and emergency evacuation plans.
- Ground control; working in areas of highwalls, water hazards, pits and spoil banks; illumination and night work.
- Health.
- Hazard recognition.
- Electrical hazards.
- First aid.
- Explosives.
- Health and safety aspects of the tasks to which the new miner will be assigned.
- Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
Note: For detailed requirements for the above listed new miner training requirements see the MSHA training regulations at §48.25(b)(1)-(b)(12).
Jobsite training
Health and safety training may be conducted at the jobsite and may involve performance of actual job tasks. Job site training must be completed under close and continuous supervision of an approved instructor, with training, not production, as the primary goal. The training is acceptable if the following conditions are met:
- Instructors must follow an outline in which each step of the job is broken down into instructional units. The students must demonstrate safe performance of each job step. Several units may be combined in the same instructional period.
- All health and safety standards must be observed
Training evaluation methods
Your methods for evaluating (testing) your miners to determine successful completion of your training must be included in your training plan. Those methods can be oral, written, or practical demonstration.
Upon completion of training, your selected method for determining successful completion shall be administered to the miner.
The method for determining successful completion of pre-assignment training shall be administered to the miner before he is assigned to work duties.
Does previous training count?
A newly employed miner who has less than 12 months of mining experience, and has successfully completed the courses and hours of instruction required for a new miner, within 36 months preceding employment at a mine, does not have to repeat this training.
Before your miner starts work, you must provide him/her with the experienced miner training and, if applicable, the new task training.
You must also provide the miner with annual refresher training and additional new task training, as applicable.
Experienced Miner Training
Who does this section cover?
Except for miners returning to the same mine following an absence of 12 months or less, this section applies to experienced miners who are:
- Newly employed by you.
- Transferred to the mine.
- Experienced surface miners transferred from underground to surface.
- Returning to the mine after an absence of more than 12 months.
Required training
- Experienced miners must complete the training prescribed in this section, and in the regulations, before beginning work duties. Each experienced miner returning to mining following an absence of 5 years or more, must receive at least 8 hours of training. The training must include the following instruction.
- The following courses must be included in the 8 hours of training:
- Introduction to the work environment.
- Mandatory health and safety standards.
- Authority and responsibility of supervisors and miners' representatives.
- Transportation controls and communication systems.
- Escape and emergency evacuation plans; fire warning and firefighting.
- Ground controls; working in areas of highwalls, water hazards, pits, and spoil banks; illumination and night work.
- Hazard recognition.
- Prevention of accidents.
- Emergency medical procedures.
- Health.
- Health and safety aspects of the tasks to which the experienced miner.
- Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
Note: For detailed requirements for the above listed experienced miner required training see the MSHA training regulations at §48.26(b)(1)-(b)(12).
Jobsite training
Health and safety training may be conducted at the jobsite and may involve performance of actual job tasks. Job site training must be completed under close and continuous supervision of an approved instructor, with training, not production, as the primary goal. The training is acceptable if the following conditions are met:
- Instructors must follow an outline in which each step of the job is broken down into instructional units. The students must demonstrate safe performance of each job step. Several units may be combined in the same instructional period.
- All health and safety standards must be observed.
Other requirements and instructions
You may include instruction in additional safety and health subjects based on circumstances and conditions at the mine.
You may vary training time spent on individual subjects depending on the training needs of your miners.
Returning miner with twelve months or less absence
Any miner returning to the same mine, following an absence of 12 months or less, must receive training on any major changes to the mine environment that have occurred during the miner's absence and that could adversely affect the miner's health or safety.
You must designate a person to conduct the training who knows the changes that have taken place.
An MSHA approved instructor is not required to conduct the training.
No record of the training is required.
The miner must also complete annual refresher training as required in §48.28 if the miner missed taking that training during his/her absence.
When you assign miners to new work tasks such as: mobile equipment operators, drilling machine operators, haulage and conveyor system operators, or ground control machine operators, or blasting operations tasks, they shall not do the new work tasks until the required training, described in this section, is completed.
This training is the minimum required by the MSHA regulations.
Training for New Job Tasks
Miners exempt from new task training
New task training is not required for miners who: (1) have been trained to perform, or have performed the new work tasks within 12 months preceding the assignment, and (2) who have demonstrated safe operating procedures for the new work tasks.
Required contents of your "new task" training program
Your "new task" training program must include the following:
- Health and safety aspects and safe operating procedures for work tasks, equipment, or machinery.
- Supervised practice during nonproduction, or supervised operation during production.
- New or modified machines and equipment.
- Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
Note: For detailed requirements for the above listed "new task" required training see the MSHA training regulations at §48.27(a)(1)-(a)(4).
Other requirements
Miners required to be "new task" trained must not operate the equipment or machine or engage in blasting operations without direction and immediate supervision until the miners have demonstrated safe operating procedures for the equipment or machine or blasting operation to the operator or the operator's agent.
Miners assigned a new task not covered in paragraph (a) of the regulations at §48.26, must still be instructed in the safety and health aspects and safe work procedures of the new task prior to doing the task.
All training and supervised practice and operation required by §48.26 must be given by a:
- Qualified trainer, or
- Supervisor experienced in the assigned tasks, or
- Other persons experienced in the assigned tasks.
Annual Refresher Training
MSHA requires that each miner gets a minimum of eight hours of annual refresher training.
Required content of your program
The MSHA regulations outlines the specific requirements for your refresher training. The annual refresher training program for all miners shall include the following courses of instruction:
- Mandatory health and safety standards.
- Transportation controls and communication systems.
- Escape and emergency evacuation plans; firewarning and firefighting.
- Ground control: working in areas of highwalls, water hazards, pits, and spoil banks; illumination and night work.
- First aid.
- Electrical hazards.
- Prevention of accidents.
- Health.
- Explosives.
- Self-rescue and respiratory devices.
- Such other courses as may be required by the District Manager based on circumstances and conditions at the mine.
Note: For detailed requirements for the above listed required refresher training subjects see the MSHA training regulations at §48.28(b)(1)-(b)(11).
Where annual refresher training is conducted periodically, the sessions cannot be less than 30 minutes of actual instruction time. The miners must be notified that the session is part of annual refresher training.
Program policy manual enhancements
The MSHA rules for annual refresher training is short and to the point. However, MSHA's Program Policy Manual offers some aids to ensure your program is on track.
Notes:
You may provide annual refresher training at any time during the last calendar month of the miner's annual refresher training cycle.
Accordingly, training records and schedules may be maintained on a monthly basis, rather than tracking each miner's individual training date.
You should schedule annual refresher training at the beginning of the month so that if for some reason a miner misses the regularly scheduled training, there will still be a reasonable opportunity for the training to be made up before the end of the month.
Refresher training following an absence
Refresher training following an absence of less than 12 months
The following training is required for experienced miners who return to work following an absence:
When an experienced miner returns to the same mine following an absence due to illness, injury, or work stoppage, and less than 12 months have elapsed since the miner received new miner, experienced miner, or annual refresher training, you must provide annual refresher training based on the miners original schedule before the absence or work stoppage.
Before the miner is assigned to work duties, you should provide training that covers any changes in conditions or procedures at the mine. This training may be credited toward the miner's annual refresher training.
If the miner is assigned a new work task, you must provide new task training prior to having the miner perform that task.
The miner must be given annual refresher training within 12 months of the last completion date of new miner, experienced miner, or annual refresher training.
Refresher training following an absence of more than 12 months
When an experienced miner returns to the same mine following an absence due to illness, injury, or work stoppage, and more than 12 months have elapsed since the miner received new miner, experienced miner, or annual refresher training, you must provide annual refresher training before the miner begins work unless there has been an extension of time granted by the District Manager.
If the returning miner does not meet the definition of an experienced miner (see Training Introduction for definition of experienced miner), then new miner training is required.
If the miner is assigned a new work task, you must provide new task training prior to having the miner perform that task.
Refresher training following a lay-off or termination
When an experienced miner returns to the same mine following an absence due to a lay-off or termination, experienced miner training must be provided before the miner begins work.
If the miner is assigned a new work task, you must provide new task training prior to having the miner perform that task.
Refresher training when assigned to a new mine following an absence
When an experienced miner is assigned to a different mine following an absence, you must provide the miner with experienced miner training before the miner begins work.
If the miner is assigned a new work task, you must provide new task training prior to having the miner perform that task.
Note: The previous refresher training situations do not apply to experienced miners assigned to work underground or on the surface for the first time. These miners are "new miners" under the training regulations and must receive new miner training. Credit can be given for applicable underground or surface training.
Extension of time to complete annual refresher training
The unexpected return of miners after extended absences or similar unforeseeable circumstances may create a strain between the completion of quality refresher training and prompt return of the miners to productive employment.
In order to accommodate unforeseeable events, your District Manager may consider requests for limited extensions of time to complete annual refresher training. Such requests will be considered case-by-case, and be granted only if:
- The miners involved are experienced, as defined by the MSHA regulations at §48.22(b).
- You made good faith efforts to train your miners before the annual refresher training anniversary date passed.
- The miners, before returning to work, will be given any task training required by the regulations at §48.27 (see Training for New Job Tasks), and will be thoroughly instructed in any changes in procedure at the mine or in the mining environment.
- The required annual refresher training will be promptly completed.
Subject to additional conditions that your District Manager may require, a request for a limited extension of time to complete annual refresher training may be granted when these factors are met.
Note: Extensions will not be granted to correct poor scheduling practices or failure to anticipate foreseeable training needs, nor should provisions for an extension of time appear in your approved training plan. Extensions will not be routinely granted.
When extensions of time to complete annual refresher training are granted, you should receive a confirmation in writing from your District Manager, stating the conditions of the extension and the date that refresher training must be completed.
The completion date of an annual refresher training cycle initiates a new anniversary date.
Approval of your training plan
An effective refresher training program must be adapted to changes in your mining conditions, accident history, and other training concerns. Time spent for each course may vary to meet specific needs. The following guidelines should be used to evaluate provisions for annual refresher training:
- The annual required refresher training courses listed in the regulations at §48.28 that are not applicable to a particular mine may be omitted from that mine's training plan. A notation of which courses are not applicable should appear in your training plan.
- An 8-hour minimum is required for the total annual refresher training program. However, the time spent on individual courses may vary from year to year or from one area of the mine to another depending on specific safety or health problems encountered. Your mine's accident experience should significantly influence the amount and type of training your miners receive throughout the year.
- All applicable refresher training courses listed in your approved training plan are to be given during each 12-month cycle. However, two or more of the courses may be covered in one training session or safety meeting.
Example: A well structured safety meeting may cover ground control, related safety standards, prevention of accidents, and other topics without the necessity of separate blocks of instruction.
- Safety meetings of at least 30 minutes duration, conducted by an MSHA-approved instructor, and addressing appropriate course content are acceptable training sessions that satisfy the annual refresher requirements.
Training plans may be revised to reflect training needs. Requests for revisions should be submitted in accordance with the MSHA regulations at §48.23(j)(1).
Jobsite training
You may conduct health and safety training at your jobsite. The training can involve performance of actual job tasks.
Hazard Training
For hazard training, MSHA has a broad reach. Ideally, they want everyone who is on mine property to have at least hazard training. MSHA defines a miner, for the purposes of hazard training, as any person working at a surface mine, including any delivery, office, or scientific worker or occasional, short-term maintenance or service worker contracted by the operator, and any students engaged in academic projects involving their extended presence at the mine.
Training for such miners must be provided before they commence their work duties.
The exposure to mining hazards varies according to the task. The greater the hazard exposure, the greater the need for training. Hazard training should be:
- Mine specific, so that persons are advised of the hazards they may encounter at a particular mine, and
- Conducted each time a person enters a different mine.
Required content of your hazard training program
Your hazard training program must include the following instruction, as it is applicable to the duties of the miner being trained:
- Hazard recognition and avoidance
- Emergency and evacuation procedures.
- Health and safety standards, safety rules and safe working procedures.
- Such other instructions as may be required by your District Manager based on circumstances and conditions at the mine.
Miners must receive hazard training at least once every 12 months.
Examples of persons needing hazard training
Although the amount of required hazard training will vary, the following are examples of appropriate hazard training:
Employees of equipment manufacturers
Employees who are on the mine site in a service or maintenance capacity must be given training according to their exposure to hazards.
If the specific job will not entail extended exposure to hazards at the mine, they need only be given hazard training.
If the job assignment of a service or maintenance worker exceeds 5 consecutive working days at a particular mine, and they are exposed to mining hazards, comprehensive training must be given-either new miner training or experienced miner training, as appropriate.
In addition, if appropriate, the employees must be provided with and instructed in the use and location of the self-rescue device made available at the mine as required by 30 CFR 75.1714, or meet the requirements for self-rescue devices as provided under 30 CFR 57.15030 and 57.15031, and trained according to 57.18028(b), as applicable.
Manufacturers' field representatives, such as sales representatives and delivery personnel, must be given hazard training. If they are frequently exposed to mine hazards (more than 5 consecutive working days), they must be given comprehensive training-either new miner training, or newly employed experienced miner training, as appropriate.
Labor, management, or government officials
Labor, management, or government officials visiting the mine site need not be given training. However, those persons should be accompanied by experienced miners and be provided with appropriate safety equipment and self-contained self-rescuer (SCSR) training (see 30 CFR 75.1714).
Contractors doing work for the government which requires their presence at the mine to observe conditions or to collect information must be given hazard training.
Authorized representatives of the Secretary of Labor or Secretary of Health and Human Services need not be given any Part 48 training or be accompanied when carrying out duties required by 30 CFR or by the Mine Act.
Customers and delivery persons training
For purposes of this training, customers are individuals who are briefly on mine property to pick up mined materials. This training does not apply to customers engaged in the extraction and production process.
The extent of customers' exposure to mine hazards varies. Customers must receive hazard training commensurate to their exposure to mine hazards. In addition, they must be trained in the health and safety aspects and safe operating procedures of any mine machinery or equipment that they are required or allowed to operate while on mine property. Training is not required if there is no exposure to mine hazards.
Delivery persons are individuals who enter mine property briefly to deliver supplies, who are not engaged in the extraction and production process, or do not perform maintenance and service work.
Delivery persons must receive hazard training commensurate to their exposure to mine hazards. MSHA expects a realistic appraisal by the mine operator of the hazards associated with such jobs.
Other visitors
Students on field trips and other short term visitors (1 day or less) need not be given Part 48 training. However, they should be accompanied by experienced miners and be provided with appropriate safety equipment.
Compliance Guide for MSHA's Modified Regulations on Training and Retraining of Miners
Letter from J. Davitt McAteer, Assistant Secretary for Mine Safety and Health
- U.S. Department of Labor
- Mine Safety and Health Administration
- 4015 Wilson Boulevard
- Arlington, Virginia 22203-1984
December 7, 1998
Dear Member of the Mining Community:
I am pleased to provide you with the Mine Safety and Health Administration's (MSHA) Compliance Guide for MSHA's Modified Regulations on Training and Retraining of Miners. We developed this guide to assist you in complying with the new requirements.
The new regulations:
- Modify the definition of miner to include all supervisory personnel.
- Modify the definition of experienced miner to allow miners to attain a lifetime status as experienced miners for training purposes.
- Require that miners who have been away from mining for more than 5 years must receive at least 8 hours of experienced miner training.
- Add four new courses to strengthen experienced miner training.
- Require that miners returning to work following an absence are to receive training on any major changes in the mine environment that may adversely affect their safety or health.
- Eliminate some regulatory duplication between Part 48 and Parts 75 and 77.
You will need to modify your currently approved Part 48 training plan to add the four new subjects to experienced miner training.
To minimize your reporting requirements and assist you with compliance, we have included a training plan addendum with these compliance guidelines. If you attach this addendum to an existing MSHA-approved training plan, you will not need to submit this plan modification to us for approval. We will accept this as an approved training plan modification. However, if you choose to create your own training plan modification, you will need to submit it to us for approval.
As a reminder, the current standards require you to furnish a copy of any training plan modification to the miners' representative. If a miners' representative is not designated, you must post a copy of the training plan modification on the mine's bulletin board at least two weeks before implementing it. To allow you enough time to comply, we delayed the effective date of this requirement until February 3, 1999.
We hope that this guide addresses your compliance concerns and questions. We welcome your comments on the compliance guide and will issue subsequent editions of this guide as necessary. Thank you for your interest in making our Nation's mines safe and healthful places to work.
Sincerely,
J. Davitt McAteer
Assistant Secretary for Mine Safety and Health
Working to Improve the Lives of America's Workers
Compliance Guide for MSHA's Modified Regulations on Training and Retraining of Miners
Definition of an experienced miner
1. How does the new training rule change the definition of an experienced miner?
The old rule required a miner to receive new miner training within 12 months or to accumulate 12 months of mining experience within the previous 36 months to be considered an experienced miner. The new rule requires that a miner both receive new miner training and have 12 months of mining experience to qualify as an experienced miner.
2. Can the miner then lose that status as an experienced miner by being away from mining for a period of time?
No. Once a miner has received new miner training and has accumulated 12 months of mining experience, MSHA considers that miner to be experienced for life for training purposes. If the miner is away from mining for more than 36 months after receiving new miner training, and before accumulating 12 months of mining experience, the new rule requires that miner to repeat new miner training. After taking new miner training the miner will then have another 36 months in which to finish accumulating the 12 months of mining experience needed to be an experienced miner for training purposes.
Also, once a miner is experienced and leaves the mining industry for more than 5 years and then returns, the miner must receive at least 8 hours of experienced miner training.
3. What training is required for a newly-employed miner who has not gained experienced miner status?
If a newly-employed miner has completed new miner training within 36 months of starting work at a different mine, the miner must receive experienced miner training. If the miner has not completed new miner training within 36 months, however, then the miner must repeat new miner training at the different mine. After completing this initial experienced miner or new miner training, the miner is then subject to all other training required for experienced miners at the mine.
For example, suppose a new miner receives new miner training and works 10 consecutive months in mining. Then, the miner leaves mining and works in an industry outside of mining for the next 3 years. If the miner returns to work in the mining industry, the new training rule requires that the miner receive new miner training because more than 36 months had passed since the miner had received this training and the miner had not accumulated 12 months of mining experience. Once the miner works an additional 2 months, the miner will be considered an experienced miner for life for training purposes.
4. Can the experience be either surface or underground?
An experienced underground miner must have at least 12 months of underground mining experience; and an experienced surface miner must have at least 12 months of surface mining experience.
5. Can a miner accumulate part of the mining experience underground and part on the surface to total 12 months?
No. To be an experienced underground miner, all 12 months of experience must be underground; to be an experienced surface miner, all 12 months of experienced must be on the surface.
6. Can a miner be both an experienced underground miner and an experienced surface miner?
Yes, if that miner has completed the training and experience requirements for both underground and surface miners.
7. How long does a miner have to obtain the 12 months of mining experience?
There is no time limit for obtaining the 12 months of mining experience.
8. How long does an independent contractor working intermittently at mine sites have to gain the 12 months of mining experience?
There is no time limit for obtaining the 12 months of mining experience.
9. How do I track the accumulation of experience?
The rule has no specific requirements for tracking or recording the accumulation of experience. It is your responsibility to determine the miner's experience based on the miner's work and training history.
10. Does MSHA give the miner credit for work experience not gained at a mine?
Yes, under specific conditions. Surface maintenance and service contractors often have significant trade experience in environments similar to surface mines or the surface areas of underground mines. We will allow this trade experience to count towards satisfying the requirement for 12 months of surface mining experience. These service or maintenance contractors, however, must still receive new miner training.
For example, if a contractor hired to service a dozer has 12 months of experience servicing dozers in environments similar to mining, such as construction sites, that contractor will have satisfied the experience requirement and would only need to receive new miner training to be an experienced surface miner for training purposes.
11. Who determines whether experience should becredited?
You are responsible for determining to what extent the contract worker's past experience should be credited based on a reasonable assessment of the contract worker's work history. If you need additional guidance in determining a person's qualifications, contact us for assistance.
12. On the effective date of the new rule, what is the status of miners who are already considered experienced under the old rule?
If a miner is an experienced miner under the old rule on February 3, 1999, the effective date of the new rule, we will consider that miner to be an experienced miner for life under the new rule.
13. What training must new miners receive to become experienced miners, and who can give the training?
Like the old rule, the new miner training must be approved by MSHA and given by an MSHA-approved instructor. As in the past, this training can be provided by many sources, including the mine operator, the State, universities, trade associations, and independent trainers.
14. Miners, particularly supervisors, sometimes conduct Part 48 training. Can I credit their time teaching a required course as meeting the requirement for taking that course?
Yes. For example, if a miner conducts annual refresher training in health, prevention of accidents, and electrical hazards, you can credit that miner with having taken those courses.
15. Who can sign the Certificate of Training (MSHA Form 5000-23) for a miner who conducts the training?
Any person responsible for the training, including the instructor, can sign the 5000-23 form.
16. Are there any changes in the new rule that will affect completing the MSHA Form 5000-23?
Yes. The new rule redefines experienced miner training from "Training of newly employed experienced miners; minimum courses of instruction" to "Experienced miner training." On the existing 5000-23 form, continue using "Newly Employed Experienced Miner" for all "Experienced miner training."
Also, one new course was added that is not listed in item 5 on the 5000-23 form which lists the separate subjects for partial training purposes. If you conduct partial training you can write in "Emergency medical procedures" under other.
In the near future, we will print new 5000-23 forms with these changes. However, existing 5000-23 forms can be used until the supplies are depleted.
17. Are we going to require you to revise and resubmit existing alternate 5000-23 forms for approval?
No. However, if you choose to do so you may.
Training of supervisors
18. What impact does this rule have on the training of supervisors?
The new rule requires all supervisors to be trained, eliminating the Part 48 training exemption for State-certified supervisors. The rule primarily affects underground coal supervisors.
19. Exactly what training must supervisors now have under the new rule?
The new rule requires that all supervisors be treated like other miners for training purposes. Accordingly, depending on their exposure to mine hazards and their duties, supervisors must receive either comprehensive training or hazard training. Comprehensive training includes experienced miner, task, and annual refresher training.
20. Under what circumstances would a supervisor not be required to receive comprehensive training?
Supervisors who are generally office workers and are not regularly exposed to mine hazards would not need comprehensive training. Because their exposure to mine hazards is minimal, hazard training is both appropriate and sufficient.
21. For supervisors who have not been required to receive Part 48 training, how long do they have to complete annual refresher training after the rule is published?
Supervisors have until the end of October, 1999 (one year) to complete the initial annual refresher training. The month in which the supervisor completes the 8 hours of initial annual refresher training then becomes the new anniversary date for subsequent refresher training. For example, if a supervisor completes the 8 hours of annual refresher training in January, 1999, that supervisor will have to complete another 8 hours of annual refresher training by the end of January, 2000.
22. Do supervisors have to take training under both Part 48 and Parts 75 or 77?
Yes. Both annual training requirements will be in effect until October 6, 1999. This will require a State-certified supervisor to receive annual refresher training under Part 48, as well as annual training for certified persons under existing Parts 75 or 77.
23. Does this mean that these supervisors will have to receive the same training twice?
No. MSHA will credit training taken under Part 48 to satisfy the requirements of Parts 75 or 77 and vice versa during this transition period. For example, you can credit the annual instruction in methane measurement and oxygen deficiency testing taken under §75.161(a) toward satisfying the Part 48 annual refresher training requirement under §48.8(b)(10) Mine Gases.
Additional training
24. What additional training does the new rule require?
The new rule requires four new courses for experienced miner training. These four new courses are in addition to the seven courses already required for newly employed experienced miners under current regulations. The new courses are:
- Prevention of accidents.
- Emergency medical procedures.
- Health.
- Health and safety aspects of tasks.
Miners who are required to take new task training do not have to take the course on health and safety aspects of tasks.
The new rule also changes the heading for this training to "experienced miner training." This revised heading clarifies and emphasizes that, in addition to those newly employed at the mine, other kinds of experienced miners must take this training.
25. What are the different kinds of experienced miners who must take the experienced miner training?
Experienced miners are miners who are:
- Newly employed by the operator.
- Transferred to the mine.
- Transferred from surface to underground or vice versa.
- Returning to mining after an absence of more than 12 months.
26. Are there any minimum time requirements for experienced miner training or individual courses?
With one exception, there are no time requirements for experienced miner training or any individual course, including the four new courses. The exception is for miners returning to mining after an absence of 5 years or more. After such a long absence, you must provide the returning experienced miner with at least 8 hours of experienced miner training. The new rule, like the current rule, does not specify the duration of instruction on any individual course.
27. Does this mean that I can give as much of this training as I want?
Yes, to some extent. You have the flexibility to determine what amount of training is appropriate. The new rule, however, requires that you vary the instruction time and content of each course as is necessary to meet the training needs of the experienced miner. It is your responsibility to reasonably assess the training needs of the experienced miners. It is highly likely that these miners will have varying familiarity with aspects of their new assignments, such as the mining methods used, the environmental conditions at the mine, the tasks they are going to perform, and the mine's safety and health procedures.
28. Is there any other new training required by the rule?
Yes. When a miner has been absent from the mine for 12 months or less, the new rule requires that you inform the miner about major changes affecting safety or health that have occurred at the mine during the absence. You must provide the returning miner this information before the miner starts work.
29. What is a "major" change?
A major change is one which you know, or should know, could endanger the miners' health or safety.
30. What does "absence" mean here?
An absence is being away from the mine for any period of time for any reason including illness, vacation, work stoppage, downtime, or off shift. Events that are likely to adversely affect miners' safety or health can occur quickly and most are unrelated to the length or cause of the absence.
31. Does this training need to be conducted by an approved instructor?
No. You may designate any person knowledgeable of the changes to give this training. We expect that, usually, the supervisor or other miner-in-charge will tell the miners this information at the start of each shift. Also, there is no recordkeeping required for this training.
Removal of duplication
32. What training requirements are eliminated, and where are they otherwise covered?
The new rule eliminates some duplicate regulatory text. This removal of duplicate text, however, does not substantively alter or eliminate any training requirements.
Training requirements removed
- §75.161(a) for methane measurement and oxygen deficiency testing
- §75.161(a) for roof and rib control and ventilation plans
- §75.161(c) for self-contained self-rescue devices
- §77.107-1 is revised by deleting the reference to principles of mine rescue
Covered in 30 CFR Part 48
- §48.8(b)(10) (Mine gases)
- §48.8(b)(4) (Roof or ground control and ventilation plans)
- §48.8(b)(8) (Self-rescue devices and respiratory devices)
- §48.28(b)(3) (Escape and emergency evacuation plans; firewarning and firefighting)
Effective Dates
33. What are the effective dates of the rule?
There are three effective dates for the rule.
Effective October 6, 1998, publication date of final rule:
A supervisor who is certified under an MSHA-approved State certification program and who is employed as an underground or surface miner will be considered an experienced miner for training purposes.
The new rule establishes October, 1999, as the anniversary date for annual refresher training of supervisors who were previously exempt from part 48 training. These supervisors must complete annual refresher training under Part 48 by the end of October, 1999.
Effective February 3, 1999, 120 days after the rule was published:
Any miner who is considered an experienced miner under the old rule will be considered an experienced miner for training purposes under the new rule.
You must have modified your training plans to include the four new required courses in experienced miner training.
Experienced miner training" must conform to the provisions in the new rule.
On October 6, 1999, 12 months after the rule was published:
Revised §§75.161 and 77.107-1 become effective.